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Home My WebLink About04/07/2009, C5 - ADOPTION OF AN ORDINANCE REZONING PROPERTY AT APN 004-951-009 TO R-3-S AND APPLYING THE PD OVERLAY Council Mw" °" a ACEnOA nEpOnt 11'N`bcC C IT Y OF S AN L U IS O B I S P O FROM: John Mandeville, Community Development Direct Prepared By: Jaime Hill, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE REZONING PROPERTY AT APN 004-951-009 TO R-3-S AND APPLYING THE PD OVERLAY TO THE ENTIRE PROPERTY AT 851 AND 860 HUMBERT AVENUE; GPA/R/PD 27-06 CAO RECOMMENDATION Adopt Ordinance No. 1523. DISCUSSION Background On March 17, 2009, the City Council voted 4 to 0 to introduce Ordinance No. 1523 to print, amending the City's Zoning Map for property at APN 004-951-009 from Manufacturing (M) to Medium-High Density Residential with the Special Considerations and Planned Development Overlays (R-3-S-PD), and 851 and 860 Humbert Avenue from Medium-High Density Residential with the Special Considerations Overlay (R-3-S) to Medium-High Density Residential with the Special Considerations and Planned Development Overlays (R-3-S-PD). Ordinance No. 1523 is now ready for adoption. The new zoning designation will become effective 30 days after its adoption. The City Council adopted a Mitigated Negative Declaration for the project that concluded that no significant environmental impacts are anticipated with the re-zoning of the property. ALTERNATIVE If the Council does not adopt the ordinance, the zoning designation of the property would remain as is, until alternative zoning designations are approved. ATTACHMENT Ordinance No. 1523 G:\CD-PLAN\Ddavidson\HousingProjects\HumbertCCOrd2ndReading.doe C.s- 1 ATTACHMENT ORDINANCE NO. 1523 (2009 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FOR THE UNADDRESSED PARCEL AT APN. 004- 951-009 FROM MANUFACTURING (M) TO MEDIUM-HIGH DENSITY RESIDENTIAL WITH THE SPECIAL CONSIDERATIONS OVERLAY (R-3-S) AND APPLYING THE PLANNED DEVELOPMENT (PD) OVERLAY TO THE ENTIRE SITE; GPA/R/PD/TR/ABAN/A 27-06 AND ER 123-08 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 11, 2009, for the purpose of considering application GPA/R/PD/TR/ABAN/A 27-06 and ER 123-08, a request to allow a General Plan Amendment and Rezoning, Planned Development Rezone, Vesting Tentative Tract Map, Abandonment of rights-of-way, Use permit for development of a sensitive site, and Purchase of surplus property for a workforce housing and mixed-use development; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 171 2009, for the purpose of considering the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Zoning Map Amendment Findings. Based upon all the evidence, the City Council makes the following findings: 1. The proposed Rezoning is consistent with General Plan Land Use Element policies regarding the expansion of housing opportunities and maximizing the development potential of infill sites. Additionally the project is consistent with Housing Element goals and policies which encourage facilitating housing production and land use efficiency, including HE Policy 3.12.7, which specifically identifies this area as potentially being appropriate for residential uses. 2. The redesignation of the unaddressed vacant parcel from an industrial designation (Manufacturing: M) to a residential designation (Medium-High Density Residential: R-3) would not adversely impact the overall supply of manufacturing property in the area, as the proximity of the site to residential uses and constrained access make it undesirable for many industrial uses. 3. The redesignation of the unaddressed vacant parcel from an industrial designation (Manufacturing: M) to a residential designation (Medium-High Density Residential: R-3) would not result in an inappropriate development on the site, as the Special -a Resolution No. XXXX(2009 Series) ATTACHMENT Page 2 Considerations "S" overlay will insure that development of the site is consistent with ALUP safety and City noise policies. The following standards shall apply to the Special Considerations overlay for the site: Airport Safety a. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. b. Development of the site shall be consistent with City Zoning Regulations and Airport Land Use Safety policies, including maximum density of persons per acre. c. Aviation easements will be recorded for all properties involved_in the proposed development. Noise d. The construction of residential uses at the site shall be accompanied by an acoustical analysis (noise study) to ensure that interior spaces and exterior private use areas are designed to mitigate noise impacts to levels determined acceptable by the City's General Plan Noise Element. Specific construction details shall be identified as recommendations in the study. e. All owners and occupants shall receive disclosure concerning the adjacent manufacturing uses and potential noise exposure. SECTION 2. Planned Development Rezone Findings. Based upon all the evidence, the City Council makes the following findings: 4. The project is consistent with the General Plan and the Airport Land Use Plan, and with the included conditions and mitigation measures is allowed within the primary zoning district (R-3-S). 5. The project complies with all applicable provisions of the Zoning Regulations other than those modified by the PD rezoning, which include: 0-lot line development, exceptions to minimum parcel size and coverage in conjunction with real property subdivision, reduced street yards, minor height exceptions, and tandem parking and a reduction of seven spaces. 6. Mandatory Planned Development project features are satisfied by the provision of more than 25 percent of the residential units at rates affordable to households of very low, low or moderate incomes, and achieving a minimum of 30 percent greater energy efficiency than required by California Code of Regulations Title 24. 7. The approved modifications to the development standards of the Zoning Regulations, listed in Finding No. 2, are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts. 8. The project complies with all applicable City Design Guidelines and establishes Resolution No. XXXX(2009 Series) ATTACHMENT Page 3 additional parameters to ensure development is in harmony with nature and the adjacent neighborhood. 9. All affected public facilities, services, and utilities are adequate to serve the proposed project. 10. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan. 11. The site is adequate for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use. 12. With the incorporation of conditions of approval and mitigation measures listed in the Mitigated Negative Declaration of Environmental Impact, the establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. SECTION 3. Action. The Zoning Regulations Map Amendments are hereby approved as identified within Exhibit A for the rezoning of the unaddressed parcel, and including the standards for the "S" overlay as described above, and including the ALUP approved disclosure agreement which is included as Exhibit B, and the Planned Development Zoning overlay for the entire site. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED on the 17th day of March, 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2009, on the following roll call vote: On motion of Vice Mayor Settle, seconded by Councilman Carter, and on the following roll call vote: AYES: Councilman Ashbaugh, Marx, Carter and Vice May Settle NOES: none ABSENT: Mayor Romero The foregoing resolution was passed and adopted this 17`h day of March, 2009. Resolution No. XXXX (2009 Series) ATTACHMENT Page 4 Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Lowell, City Attorney GACD-PLANUHill\HASLO\City Council\CC Ordinance 27-06(approval)Zoning.doc CC'S do �Legend PD Oveday M to R-3-S R-3-S 1351 & 860 Humbert and 004=951 =009 GPA/R/PD/TRIABAN/A 27-06 and ER 123-08